STATE OF.-CALIjXRNIA STATE WATER RIGHTS BOARD 29655 In the Matter of Applfc&tion

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STATE OF.-CALIjXRNIA
STATE WATER RIGHTS BOARD
In the Matter of Applfc&tion 29655
o? Eugene Frank M$t+hell and
Decision D 1146
Irma L, Mitchell to Appropriate
from Wilson Creek in Humboldt County
PTED AUG 26 1963
DECISION APPROVING APPLICATION
Eugene Frank Mitchell and Irma L. Mitchell having
filed Application 20655 for a permit to appropriate unappropriated
water; a protest having been received; the applicants and protestant having stipulated to proceedings in lieu of hearing a8
provided for by Title 23, California Administrative Code, Section
7;7;.an investigation having been made by the State Water Rights
Board pursuant to said stipulation; the Board, having considered
all available fnformation and now being fully advised in the
premises,finds
as follows:
,
1.
Application 20655 is
for a permit to appropriate
2 cubic feet per second (cfs) by direct diversion from November 1
to April 30 of each year for mining and domestic purposes from
Wilson Creek in Humboldt County. The point of diversion is to
be located within the SE$ of the SW* of Section'17, TUN,
R6E,
HB&M,
2,
The protestant and his predecessors in interest
have used water of Wilson Creek each year since 'prior to 1914
for domestic purposes at one residence and for the irrigation of
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approximately 10 acres of pasture,
In extremely dry years irrfga-
tion-of the pasture has commenced as early as the month of March
and has been required as late as November,
ProtestantDs require-
ments during the months of March, April and November are'less than
0.05 cfs on a continuous flow basis,
The flow at the protestant's
point of diversion on April 11, 1962, was about 15 cfsb
In a
year of average rainfall the minimum flow at the protestant's
point of diversion exceeds'1 cfs.'duringthe November 1 through
April 30 period.
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There
is unapproprfated water avaflable to supply
_
the applicants, and subject to suitable conditions, such water
may be diverted and used in the manner proposed without causing
substantial injury to any lawful user of water,
4.
The intended use is beneficial.
From the foregoing findings, the Board concludes that
Application 20655 should be approved and that a permit should be
issued to the applicants subject to the limitations and conditions
set forth in the following Order,
The records, documents, and other data relied upon in
determining the matter are:
Application 20655 and all relevant
information on file therewith, particularly the report of the
fi-eldinvestigation made May 13, 1963; USGS ,QuadrangleMap,
"Orleans; 1952," of the T05-minute.series; State Water Resources
.
.,
Board Bulletin 1, with particular reference to precipitation,data
on Plate 3, page 60, and Table 18, Vol, 1 ,bfBulletin 2, State
,#
Water Resources Board,
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IT IS HEREBY ORDERED that Application 20655 be,
‘and
the
same is, approved, and that a permit be issued to the applicants
subject to vested rights and to the following limitations and
conditfons:
1,
The amount of water appropriated shall be limited
to the amount which can be beneficially used and-shall not exceed
2 cubic feet per second by direct diversion to be diverted from
about November 1 to about April 30 of each year,
2.
The maximum amount herein stated may be reduced
in the license if investigation warrants,
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June 1, 1964,
Actual construction work shall begin on or before
and shall,thereafter be prosecuted with reasonable
diligence,,and if not so commenced and prosecuted, this permit
may be revoked,
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Constructionwork shall be completed on.or before
December 1, 1966,
5.
Complete application of the water to the prop,osed
use shall be made on or before December 1, rg670
6.
Progress reports shall be filed promptly by permfttees
on forms which will be provided annuallyby the State Water Rights
Board until license is issued,
7.
All rights and privileges under this permit including
method of diversibn, method of use, ,and quantity of water diverted
are subject to the continuing authority of the State Water Rights
Board in accordance with law and in the interest of the public
welfare to prevent waste, unreasonable use;.unreasonable'method
of use,> or unreasonable method of diversion of said water.
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8,
Permittees shall allow representatives of the State
Water Rights Board and other parties, as may be autho&ed
from
time to time by said Board3 reasonable access to project works to
determine compliance with the terms of this permit,
Adopted as the decisionand order of the State Water
Rights Board at a meeting duly called and held at Sacramento,
CaHfornia, on the
day of
p u63.
Kent Silverthorne, Chairman
Ralph J. McGill; Member
W, A, Alexander, Member,
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